FAQ

-The State of Jefferson-

 

What is the State of Jefferson about?

The movement is about letting Sacramento know we have had enough of being taxed without receiving fair representation. We represent 1/3 of the State of California, yet we only have 6 of the 120 representatives. This is unfair and it is taking its toll, we would like this to be corrected.

 

What is “taxation without representation”?

This is when 114 representatives from the rest of the State of California vote to apportion themselves our income or local resources without our being able to mount any type of a democratic response, as we are completely outnumbered. This is mob rule that allows for one part of the population to vote itself the income, wealth or resources belonging to another segment of the population.

 

Why do we want this movement to happen?

This gives us a chance to have our voice heard. We have a right to determine our own solutions to issues that affect us. See Calif. Constitution

Some of the issues that have been raised recently are: What labels do we want on our food, what should we do about the homelessness, joblessness, business climate, mandatory vaccinations, natural resource management, etc.

 

What is the difference between this movement and what Texas has been trying to do in separating from the U.S?

Texas built secession into its State Constitution. We are not seceding from the United States. We are petitioning the State legislature in accordance with California and Federal Law (See US and Calif. Constitution)
to bring about a solution to the problem of our lack of representation.

 

Is this a radical group, illegal in any way?

The Jefferson movement is not illegal. In fact the US Constitution and the California Constitution demand that we take these steps when the government no longer works for the People. These are radical steps to take to get the attention of a governing body that has consistently ignored us. But these steps have been taken before. They resulted in States being formed that you are aware of like West Virginia and Maine.

 

What does the “XX” logo on the State of Jefferson flag mean?

It is a symbol of the “double Cross” and was originally meant to depict both the capital of Oregon (Salem) and the capital of California (Sacramento). This is a symbol that hearkens back to the original attempt at a 6 state solution to the current lack of representation that Northern California is protesting.

 

What will happen to all current California State employees who live in State of Jefferson territory?

California State employees have a contract to provide a service with the State of California. There is a contractual obligation for both parties to provide the service in exchange for terms of payment, including benefits that the contract entails. While the specifics of the case will need to be assessed as the State of Jefferson progresses, there is no reason to believe any loss of employment or benefits would occur. Employment, Retirement and other benefits from the State of California do not cease if an employee lives in the State of Nevada, or Oregon do they?

 

How will this effect taxes?

The biggest effect will be that taxes, including property taxes, are kept local! Proposition 13 will remain in effect. Tax rates are anticipated to remain the same within the State of Jefferson and the participating Counties with the exception of a drop in corporate tax rates to 0% to encourage business to move into Jefferson and hire our well qualified citizens. Based on current projections, there will be surplus tax income within most counties in the proposed State of Jefferson, allowing full operation of current county services. Any debt to be carried over from the State of California should be able to be serviced and paid off quickly. This coupled with a 0% tax rate for corporations will help foster an environment for jobs and a burgeoning economy. With more and better paying jobs comes more income from static percentage based tax rates. Assuming liabilities remain the same as they are currently, each county should be able to stockpile excess income in the form of a rainy day fund. Ultimately what to do with the money we save by not sending our tax dollars to Sacramento will be up to us, and that’s why we want the Jefferson concept to succeed.

 

What will happen to our water supply and the agreement we currently have with the majority of it going to southern California?

This is another example of contract law and senior rights being the law of the land. We own the infrastructure for the water distribution and we may charge maintenance and pass-through fees, but the mistakes of our previous leaders will remain with us for the duration of the contract. There are ways to encourage better use of existing rain and snowfall, such as permaculture farming. These methods would slow water runoff, using it more wisely in the process and allowing it to recharge our local aquafers before finally moving on to the end users in Southern California. These techniques are an example of ways to make our water work for us, but should not be construed as something the State will be mandating. Each County and its citizens will make the final determination on how to proceed within the water rights environment we find ourselves enmeshed in.

 

Has any state ever successfully split in two before?

Yes! West Virginia and Maine are two of the four examples of an amicable split using Article 4, Section 3 of the U.S. Constitution. California was successfully split in December of 1941, and the Law passed creating the State of South California is still on the books today! The Japanese bombing of Pearl Harbor on December 7, 1941 focused the Nation and the State of California on the war effort and any attempt to actually act on that law has been neglected.

 

What will happen to our national parks and other public lands?

National Parks are in fact just that, National. We will have a chance to allow our Legislators and State Council determine what, if any, changes need to be made with Federal Government in regards to the presence and operations of national Parks within the State of Jefferson and each individual County’s borders. BLM lands are another matter. Again we look at Article 4, Section 3 of the US Constitution, Article IV does not grant Congress the power to exercise sovereignty over land. Article IV deals exclusively with state-to-state relations such as protection from invasion, slavery, full faith and credit, creation of new states and so on. The land belongs to the State of Jefferson. If we choose to become the Management Agency then the BLM will be asked to leave.

 

What is the opposition to this happening?

A majority of the opposition seems to be centered on the resources we possess in our beautiful lands.

Some have accused the Jefferson movement of trying to destroy nature by allowing indiscriminate mining operations, or clearcutting forest. We all know better than that. Responsible management of our resources will provide for us and our families for a long time to come.

Others have said the Jefferson movement cannot be allowed to happen because we control 65% of the water used by Southern California. They themselves do not understand contract law, but even more telling is their sense of entitlement to our resources regardless of how it affects those of us who actually live here.

Yet another argument has been that the State of Jefferson could never survive financially. Well we would have the economy on the scale of the state New Mexico and population on the scale of Idaho! We can make it just fine without you southern California!

 

How will this effect current retirement plans through the state of California?

It shouldn’t affect California State based retirement plans such as CalPers or CalStrs at all. Again this goes back to contractual obligations and contract law.

 

What needs to happen in order for this to pass?

A majority of the citizens in the County need to convince their Supervisors and Sheriff that this is in fact the Will of the People. This will provide the Supervisors and/ or Sheriff with the impetus to sign the petition. If they still refuse, you know what happens at the next election, right?

But in the meantime if a signature campaign can gather the signatures equal to 50% of the voters who participated in this County’s most recent Gubernatorial election, plus one more signature of a citizen. The signatures can be from citizens of any age. At that time the County will have legal standing to petition the California State Legislature.


What will happen to the propositions and state laws that currently govern the state of California if the state of Jefferson separates from California? Will those laws be upheld or automatically dropped?

There will be a transitory period where everything would most likely be kept, and remain static until such time as the Constitution for the State of Jefferson was completed and ratified. At that time a list of Re-Instated Rights of citizens would be made available as well as a list of State Laws and restrictions on State powers. The individual Counties would maintain primary legislative authority for day to day activities, civil law and most crimes. Ultimately how this turns out is up to us as engaged citizens.

 

The Declarations go to the Supreme Court on January 6th. What happens if it is rejected and the capital doesn’t want to let the northern counties go?

The Declarations of Petition will be presented to the Secretary of State for official recording. By doing this we will have formally petitioned our government for a solution to our problem within our legal boundaries, nothing radical. From there we will take it across the street to the State Legislature and request it be taken up a legislation for action. If we are denied at that point, then we have created a legal status known as “standing”. We would have standing in a Court of Law to petition for redress due to a “harm” that has been committed against us and for which we have not been offered a viable solution. So having a legal “standing” and proof of “harm”, in this case the harm is taxation without representation and dilution of the vote. We would then petition a court for a resolution. Several possibilities exist that could be considered a reasonable solution, and they do not all require the creation of a 51st State.




CALIFORNIA CONSTITUTION

ARTICLE I- DECLARATION OF RIGHTS

SECTION 1. All people are by nature free and independent and have

inalienable rights. Among these are enjoying and defending life and

liberty, acquiring, possessing, and protecting property, and pursuing

and obtaining safety, happiness, and privacy.

 

ARTICLE II- VOTING, INITIATIVE AND REFERENDUM, AND RECALL

SECTION 1. All political power is inherent in the people.Government is instituted for their protection, security, and benefit,and they have the right to alter or reform it when the public good may require.

 

UNITED STATES CONSTITUTION

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

 Resources:

http://www.leginfo.ca.gov/const-toc.html
http://www.archives.gov/exhibits/charters/constitution_transcript.html